In another win for Canada based lawyer Miguna Miguna, the high Court has this afternoon issued orders for the Kenyan govt to allow him into the country.
The summarized orders are as follows:
1. Be issued with emergency travel doc by Kenya Embassy in Berlin in 72 hours
2. Air France to board him upon presentation of travel doc
3. Immigration to allow him enter Kenya using his ID
4. Immigration to issue him passport within 7 days of entry.
Last week, Interior PS Karanja Kibicho said no government agency has issued any red alert to the Lufthansa Group and Air France in relation to Miguna Miguna’s travel to Kenya.
In response to a fresh case filed by Miguna seeking the lifting of the red alerts, Kibicho in an affidavit dated November 17 says the entire application by Miguna is based on hearsay and inadmissible evidence and ought to be struck out.
The PS says he is aware that Miguna was advised through Kenya National Commission on Human Rights in a response to its request to the Ministry of Interior to facilitate his safe return, to visit the Kenya High Commission in Ottawa and obtain an emergency certificate to enable him to travel to Kenya.
According to the court documents, the commission on 5 November wrote to the Immigration department asking them to facilitate Miguna’s return to Kenya by issuing him with a valid Kenyan Passport.
Alternatively, they sought a temporary travel document. Justice Chacha Mwita had in a judgement delivered on 14 December 2018 found that Miguna was illegally held and later deported from the country.
On November 12, the court declined Miguna’s request for an order to lift red alerts issued by the Attorney General, Alex Gitari, acting managing director and Fred Matiang’I Interior CS.
The alerts were directed to the two airlines preventing Miguna from boarding the aeroplanes.
The court however dismissed his application saying Miguna had not provided any evidence to show there exist any red alerts.
He then made a fresh attempt and filed a new application through Lawyer John Khaminwa seeking the lifting of the red alerts given by the Kenyan government to the two airlines.
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